[Federal Register Volume 64, Number 141 (Friday, July 23, 1999)]
[Rules and Regulations]
[Pages 39942-39943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18766]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PR Docket No. 89-553, PP Docket No. 93-253, GN Docket No. 93-252, FCC 
95-395]


Metropolitan Trading Area Licensees; Correction

AGENCY: Federal Communications Commission.

ACTION: Final rule, correction.

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SUMMARY: This correction amendment clarifies 47 CFR 90.665(c). This 
correction amendment is necessary to clarify that the Commission 
adopted two distinct options to satisfy construction requirements for 
Metropolitan Trading Area (MTA) licensees in the 900 MHz Specialized 
Mobile Radio Service.

EFFECTIVE DATE: August 12, 1999.

FOR FURTHER INFORMATION CONTACT: Don Johnson, Policy and Rules Branch, 
Commercial Wireless Division, Wireless Telecommunications Bureau, at 
(202) 418-7240.

SUPPLEMENTARY INFORMATION: This Second Erratum, DA 95-2327, released 
November 8, 1995, is available for inspection and copying during normal 
business hours in the FCC Reference Center, 445 Twelfth Street, S.W., 
Washington D.C. The complete text may be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., 1231 20th Street, N.W., Washington D.C. 20036 (202) 857-3800. The 
document is also available via the internet at http://www.fcc.gov/
Bureaus/Wireless/Orders/1995/index.html.

Synopsis

    This document corrects 47 CFR 90.665(c) of the Final Rules, set 
forth in the amendatory text to the Second Order on Reconsideration and 
Seventh Report and Order in the above--captioned proceeding, 60 FR 
48913 (September 19, 1995), 47 CFR 90.665. This correction clarifies 
that there are two distinct options to satisfy construction 
requirements for Metropolitan Trading Area (MTA) licensees in the 900 
MHz Specialized Mobile Radio Service. Under the first option, the MTA 
licensee must demonstrate coverage of one-third of the MTA's population 
three years from the date of license grant, and demonstrate two-thirds 
coverage of the MTA's population five years after license grant. The 
second option requires an MTA licensee to demonstrate five years after 
license grant that it is providing substantial service to the MTA. An 
MTA licensee must, three years from license grant, either show that the 
one-third population coverage standard has been satisfied, or provide 
written notification that it has elected to show substantial service to 
the MTA five years from license grant. In addition, as part of the 
election to provide a substantial service showing, each MTA licensee 
must, three years from license grant, indicate how it expects to 
demonstrate substantial service at five years. We find good cause under 
section 553(d)(3) of the Administrative Procedure Act (5 U.S.C. chapter 
5) and 47 CFR 1.427(b) to depart from the general requirement that 
final rules take effect not less than thirty days after their 
publication in the Federal Register. In this case, the three-year 
construction deadline for most licensees affected by this erratum is 
August 12, 1999. Therefore, to avoid any possible confusion of what a 
licensee would need to do if it elects the substantial service option, 
we make the effective date of the amended rule to be August 12, 1999.

List of Subjects in 47 CFR Part 90

    Private Land Mobile Radio Service.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

    Accordingly, 47 CFR Part 90 is corrected by making the following 
amendment:

PART 90--PRIVATE LAND MOBILE RADIO SERVICE

    1. The authority citation for Part 90 is revised as follows:

    Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), 332(c)(7).

    2. Sec. 90.665(c) is revised to read as follows:


Sec. 90.665   Authorization, construction and implementation of MTA 
licenses.

* * * * *
    (c) Each MTA licensee in the 896-901/935-940 MHz band must, three 
years from the date of license grant, construct and place into 
operation a sufficient number of base stations to provide coverage to 
at least one-third of the population of the MTA; further, each MTA 
licensee must provide coverage to at least two-thirds of the population 
of the MTA five years from the date of license grant. Alternatively, an 
MTA licensee must demonstrate, through a showing to the Commission five 
years from the date of license grant, that it is providing substantial 
service. An MTA licensee must, three years from license grant, either 
show that the \1/3\ population coverage standard has been satisfied, or 
provide written notification that it has elected to show substantial 
service to the MTA five years from license grant. In addition, as part 
of the election to provide a substantial service showing, each MTA 
licensee must, three years from license grant, indicate how it expects 
to demonstrate substantial service at five years. The MTA licensee must 
meet the population coverage benchmarks regardless of the extent to

[[Page 39943]]

which incumbent licensees are present within the MTA block.
* * * * *
[FR Doc. 99-18766 Filed 7-22-99; 8:45 am]
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